DAYA NAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) That is an appeal against the judgement and order dated 18-2-1980 passed by Sri S.C.M. Tripathi, the then VIth Additional Sessions Judge, Azamgarh in S.T. No. 196 of 1977 (State v. Dayanand and another) under Section 376 I.P.C. P.S. Tharwa, District Azamgarh, whereby he convicted the accused appellant Dayanand of the offence under Section 376 IPC and sentenced him to undergo R.I. for a period of 3 years and 6 months.

(2.) Heard the learned counsel for the parties and perused the record.

(3.) The prosecution case as disclosed in the F.I.R. by Smt. Sudhiya victim at 10 p.m. at P.S. Tarya on 10-3-1974 was that while she was uprooting pea from her field in her village Meh Nagar, within the limit of police station Tarya, the present accused/appellant Dayanand and co-accused Ram Saran both residents of Meh Nagar, P.S. Tarya came near her and asked from her as to what was the way for going to village Kusmuliya and when she said that the Rasta for Kusmuliya passes from the East and they could also go by road, they came near her and fell her to the ground and they started committing rape upon her by removing her 'lugga' (Dhoti) and that on her alarm witnesses came there, whereupon the accused persons left her.